Contra Costa County Sheriff David Livingston announced, today the end to the county’s contract to hold Immigration and Customs Enforcement (ICE) detainees at the West County Detention Facility in Richmond. He was joined at a press conference by Board of Supervisors Chair Karen Mitchoff and Vice Chair John Gioia, in whose district the facility is located.

Following is the Sheriff’s complete statement:

“Today I am announcing that I am ending the contract with ICE to hold detainees at our dormitory buildings on our Richmond jail facility,” he said. “I recently notified ICE of this decision and asked them to begin the process of removing their detainees in a safe and orderly manner. The contract requires 120-day notice and they have told me they will try to resolve as many open-ended immigration cases as they can during this period of transition.

To be clear, the Sheriff’s Office does not do immigration enforcement. In fact, our policy prohibits it. These detainees are not arrested for immigration violations by us or any other law enforcement organization or agency in the county. They were instead persons ICE brought to us under the terms of the contract from all over Northern California and beyond.

There is not one single over riding issue that causes the termination of this contract. Instead there are many. And I am not here to comment on ICE’s enforcement policies or any of their federal partners’ policies. Instead I want to explain the reasons why we are cancelling the contract.

First, we have held an average of about 200 adult detainees a day. And that has generated about $2.5 – 3 million dollars in annual revenue. That revenue varies year to year. Losing it would likely result in the lay-off of Deputy Sheriffs and that was something I was unwilling to do. Instead, working closely with the Chair and Vice-Chair of the Board, and ultimately with the full board, we have found a solution that will backfill the expected budget deficit going forward including the use of state funds to minimize the impact on local taxpayers.

Second, the number of detainees constantly fluctuates. We cannot rely on budget projections and ICE could always decide to move their detainees to another facility.

Third, county employee and operating costs have risen over the years, But the reimbursement rate has not. Long term the contract is just not sustainable.

Finally, the outstanding work by the over 1,000 employees of the Office of the Sheriff have been overshadowed by the attention that the ICE contract brings, even though immigration is a matter of federal law. Managing protests in Richmond have become expensive and time-consuming for our staff.

And to be very fair, one must acknowledge a growing chorus of community groups and individuals from both within and outside the county, that have focused on undocumented immigrants’ issues. And they raise important concerns.
Obviously, this action today does not address the larger and more complex issue of federal immigration enforcement. Most of us have compassion for those to come here seeking a better life but we are a nation of laws. And to be sure, those who come here undocumented who commit new crimes while here will be arrested and processed into our jails as they are currently. That will not change.

My number one priority remains and will continue to be keeping Contra Costa County safe.”

Photo by Contra Costa County Sheriff.

Gioia, who has long publicly opposed the contract, spoke forcefully about why the policy was harmful to families and eroded trust with immigrant communities. He thanked both Sheriff David Livingston for ending the contract and the thousands of residents across Contra Costa who joined in calling for an end to the ICE contract. According to an ABC7 News report “The West County facility currently houses 169 ICE detainees, part of a longstanding agreement that netted the county up to $3 million per year.”

“This is an historic day in Contra Costa County,” said Gioia. “Sheriff Livingston’s decision to cancel his Federal contract to hold ICE detainees at the West County Detention Facility is an important and positive step to build greater trust with our hard-working immigrant families here in Contra Costa.”

“I appreciate and thank Sheriff Livingston for making this decision,” Gioia continued. I know that thousands of Contra Costa residents countywide also thank Sheriff Livingston for this action. To the thousands of our county’s residents who have passionately advocated for an end to the detention of immigrants at the West County Jail, thank you. Thank you for your consistent and loud advocacy. Your actions do make a difference. The Sheriff’s decision was based on a number of factors. Your voices were one of those factors. I thank Sheriff Livingston for listening to the opinion of the large number of sincere and passionate residents who believe that our County should not use our local jail to house ICE detainees.”

However, according to the ABC7 report, “Mitchoff opposes canceling the ICE contract, primarily out of concern about where current and future Bay Area detainees might be sent. ‘I’m sorry to be losing the contract,’ Mitchoff explained. ‘Unfortunately, with the closure of this facility, those individuals that ICE is not able to release through the normal process will be sent to other places throughout the United States.’”

“We don’t know ultimately what ICE will do with these detainees,” Livingston said.

Congressman Mark DeSaulnier (D-CA11) issued the following statement after the Sheriff’s announcement.

“Having called for the termination of the contract, I support the Board of Supervisors’ decision and look forward to working with them on making sure the concerns of the community and clients are addressed,” he said.

Following multiple and varying allegations of abuse by ICE agents at the West County Detention Facility, DeSaulnier called for the termination of the County’s ICE contract in March of this year, and he urged U.S. Attorney General Jeff Sessions and California Attorney General Javier Becerra to conduct a third-party investigation of the West County Detention Facility. Contra Costa County is the only of the nine Bay Area counties that has a contract ICE.

Following accusations of mistreatment of ICE detainees, DeSaulnier and Livingston toured the facility, last November and the Sheriff’s investigation found the claims to be unfounded.

Mitchoff calls for calm over proposed Concord detention center

By Daniel Borsuk

Contra Costa County voters will get a crack at voting on a tax measure in November on how much the county should tax commercial cannabis enterprises, now that the board of supervisors unanimously approved an ordinance establishing zoning regulations for the cultivation, distribution and selling of recreational marijuana in most of unincorporated Contra Costa County.

Six areas where cannabis enterprises would be prohibited from setting up shop include Bethel Island, Sandamound Slough, Contra Costa Centre, Acalanes Ridge, Saranap and Alamo. During the proposed ordinance’s public hearing process there was community protests especially from Alamo residents opposed to the establishment of commercial cannabis enterprises in their community mostly for public safety concerns.

Supervisors will consider proposed tax and health ordinances linked to the commercial cannabis ordinance at their July 10 meeting.

While the commercial cannabis ordinance charts regulations established in the Framework for Regulating Cannabis in the Unincorporated Area of Contra Costa County that supervisors approved in April, at Tuesday’s meeting supervisors were more focused on how the cannabis growers can conserve water, especially underground water, for a crop known to require high volumes of water to grow at a time California seems to permanently undergo drought conditions.

As a last-minute change, supervisors were handed an alternative water service plan provided by county planner Ruben Hernandez. This water service alternative earned the stamp of approval from supervisors and establishes rules on how commercial cannabis cultivation operations can use groundwater but must comply with regulations aimed at conserving groundwater. For instance, a commercial cultivation business could pump groundwater when “the retail water supplier does not provide retail water service at all times during the year.”

All five supervisors signed on and supported the water service alternative even though one prospective cannabis cultivator, Israel Martinez, a Brentwood farmer, said the county’s proposed groundwater revised rules are “too restrictive” and he said he supported the earlier Planning Commission’s groundwater rules because “cannabis uses a minor amount of water.”

“I don’t support any water alternative.” said East county rancher Eric Thomas. “I’d like to see a cap on cannabis cultivation. This does not use any water recapture. Why not truck in water? You can recapture as much as 90 percent of the water used,” Thomas said.

All five supervisors approved the groundwater use alternative presented by the Department of Conservation and Development and therefore they unanimously approved the commercial cannabis ordinance.

“This is not the gold rush or green rush, but there is a significant investment that’s involved in establishing these types of businesses.” remarked Supervisor Diane Burgis whose rural oriented District 3 in East County, would be a big beneficiary of the potential new cannabis ordinance should it go into effect.

Supervisor Federal Glover of Pittsburg, Supervisor Candance Andersen of Alamo, and Supervisor John Gioia of Richmond were willing to move forward on approving the commercial cannabis ordinance and accept the Department of Conservation and Development’s last-minute groundwater use proposal.

Board chair Karen Mitchoff also joined the other supervisors even though initially she preferred to wait and find out what state legislators were going to do about proposed legislation that would change the way county tax measures are passed either by a two-thirds vote or a majority vote.

Glover Unveils Keller Canyon Landfill Investigation Funding Source

Supervisor Glover announced that he has identified funds in the Keller Canyon Mitigation Fund, a fund used for an assortment of community activities in the Pittsburg and Bay Point area, to be spent for the county’s investigation into findings that there have been illegal deliveries and deposits of radioactive debris from the Hunters Point Naval Shipyard. A price tag has not yet been disclosed for the investigation.

The mitigation fund that landfill operator Republic Services finances will spend the money associated with covering costs of hiring a specialist to conduct an independent investigation into whether there were more than two documented cases where debris from the Hunters Point Naval Shipyard wound up at the landfill off of Baily Road.

Mitchoff Calls For Calm Over Concord Naval Weapons Station Use

Board Chair Mitchoff urged citizens to refrain from protesting at the Concord Naval Weapons Station, a site that the Trump Administration plans to house detained immigrants. Should the President’s plans materialize at the closed weapons base, the government plans to spend as much as $233 million to construct housing for detained immigrants, U.S. Congressman Mark DeSaulnier (D-Concord) first disclosed the Administration’s plans last week.

The Navy has refused to disclose whether there are any plans to house as many as 47,000 detained immigrants at the closed military base.

“I specifically ask that no one march or protest,” Mitchoff said. “This may convey the wrong message to the Administration in Washington.”

Other than a protest planned in El Cerrito later this week, no protests have yet been planned at the shuttered weapons station.

$300,000 Contract Awarded from Animal Benefit Fund

On a 5-0 vote, supervisors approved a $300,000 contract to Unconditional Dog to provide animal enrichment services to dogs at the Pinole and Martinez animal shelters, but supervisors pulled the consent item for discussion because of concern over the Oakland-based company’s practices and whether County Animal Services will be accountable.

“I do support Ms. (Beth) Ward’s efforts, but the point is we need accountability,” said Dee Good. “There should be some accountability.”

Another animal shelter observer, Carol Mason, also said the Unconditional Dog contract lacks accountability. “What kind of accountability is there at the shelters? Accountability is still important.”

Ward told supervisors her department awarded a three-month contract to Unconditional Dog in April to see if the company’s animal enrichment program does a better job in taming difficult dogs and thereby driving up the animal adoption rate at shelters. Ward said the trial program showed some progress.

The Animal Benefit Fund will cover the contract costs. No public funds are involved in the contract.

Supervisors asked that Ward give a report on the Unconditional Dog program in March 2019.

With a lack of adequate funding from civil lawsuit filing fees, the Pittsburg Superior Court Law Library has been shuttered since September, and now there is the possibility the Richmond Superior Court Law Library could follow suit, Law Library Director Carey Rowan told the Contra Costa Herald.

In her annual report to the Contra Costa County Board of Supervisors, Rowan informed supervisors the law library at the Pittsburg Superior Court was closed in September due to a lack of funding.

“For several years I have been warning supervisors and state legislators that the law libraries need new funding legislation or they will face closure. No one stepped forward and that day arrived last September when the Pittsburg library was closed,” Rowan said.

Rowan’s 2016-2017 report was approved without comment by supervisors as a consent item on Tuesday.

Ninety-three percent of the law library’s revenue comes from civil case filing fees, but since 2007, passage of Senate Bill 1407 has slapped a moratorium on increasing civil filing fees. With the moratorium on increasing civil filing fees still in place, law library administrators have been unable to raise enough funds to acquire new legal materials that have risen in cost on average 10 to 15 percent per year, said Rowan.

While acknowledging there will be a hardship, especially for the disabled and senior citizens in East County to travel farther to the main law library in Martinez, Rowan said the Pittsburg courthouse library was chosen for closure based on the fewer number of gate count visits during the 2016-2017 fiscal year than the gate count visits at the Richmond court house library. During that period, the Pittsburg library drew 2,136 visits, the Richmond library attracted 3,713 visits, and the main library in Martinez had 32,790 visits.

“Without any support from the supervisors or state legislators, the future of law libraries is bleak. I’d have to say the Richmond library might be the next library we might have to close,” Rowan said.

Supervisors Reject Alamo Couple’s Anti-Sanctuary State Petition

Even though Contra Costa supervisors rejected on Tuesday an appeal from Ray and Tamara Bryant to sign their petition opposing the Sanctuary State bill, Senate Bill 54, and advocate for its repeal, the Alamo couple plan to press on with their petition drive in the county.

As of Wednesday, 26 persons had signed their petition. The Bryant’s petition is similar to other anti-SB 54 petition drives that have been successfully passed by county supervisors in San Diego and Orange Counties.

In criticizing SB 54, that was passed by the state legislature and signed by Gov. Edmund G. Brown last year, the petition to the Contra Costa County Board of Supervisors states:

“We, THE UNDERSIGNED, HEREBY PETITION the Contra Costa County to the growing number of California Counties and cities who oppose Senate Bill 54 (the “Sanctuary State “) and who advocate its repeal.

1) That U.S. citizens residing in Contra Costa County need protection against the flood of undocumented felons overwhelming the borders of our state and county.

2) That the Contra Costa County Board of Supervisors, by the authority granted to them must guard our state and federal resources allocated for law enforcement, fire services, educational, medical and social services for U.S. citizens resident in Contra Costa County. Currently, the foreign nationals and illegal aliens are being pushed to the head of the line for priority, for example, in receiving acceptance into the courses offered by our county’s three Community Colleges, with the result that our children as citizens are turned away.

3) That our police departments and incarceration facilities are being overwhelmed by the large number of illegal immigrants. They line the streets of cities and counties shooting up in plain sight on the sidewalks and in public and private bathrooms, threatening our youth, and making it very difficult to keep a small restaurant business, for example, profitable. Many restaurant owners and workers are afraid to deny access to non-customers for fear of being cited, fined or shut down for ‘racial discrimination.’

That our Law Enforcement agencies hands are tied with regard to prosecuting the law against the many thousands of illegal immigrants. These individuals, consequently, have great disdain for our government and no respect for our legal system. This in turn encourages both newly arrived immigrants as well as our own citizens to illegal acts because they see their own government afraid to do its job and make arrests.

That the Contra Costa County Law Enforcement agencies should operate in compliance with federal immigration laws to hold criminals until they can be turned over to Federal Immigration authorities to be deported. We further petition our county agencies to publicize the names of all undocumented immigrants a minimum of 3 days before their release so that ICE can pick them up and process them for deportation.

That the Contra Costa County Board of Supervisors should join the Federal lawsuits against the unconstitutional Senate Bill 54.

Supervisors mostly withheld comment except for board chair Karen Mitchoff who informed the petition authors that the Sheriff-Coroner Office posts on its website on a daily basis the names of persons who have been released from county jails. This warns ICE officers who they can arrest when persons are released from county jails.

Supervisor John Gioia of Richmond ripped the petition calling it as part of “a lot of scare tactics.”

Supervisors Accept 2017 Kindergarten Readiness Report

Despite criticism from District 5 Supervisor Federal Glover over a finding in the 2017 Kindergarten Readiness Assessment, supervisors accepted the report 5-0.

The Supervisor from Pittsburg took exception from the report’s finding that 40 percent of pre-school children in the Pittsburg Unified School District are not school ready as compared to a high wealth community like San Ramon where 8 percent of 5-year-old children are not school ready.

Supervisor Glover told assessment author First 5 Executive Director Sean Casey “What are we doing to close the gap? This information is no good. It is not acceptable. It is not a good report.”

Casey informed supervisors First 5 acquired a building on Leland Avenue in Pittsburg last month where it will replace its Bay Point site and will offer an expanded array of pre-kindergarten educational services to children in the Pittsburg and Bay Point communities.

Casey said First 5 has also trained more than 200 providers to expand its Help Me Grow campaign throughout the county.

$578,934 Keller Canyon Mitigation Trust Fund Grants Approved

Supervisors approved five Keller Canyon Mitigation Trust Fund grants worth $578,934 to be spent by the Sheriff-Coroner in the Bay Point community for the upcoming 2018-2019 fiscal year. Grants approved include:

*$278,217 to fund one Deputy Sheriff position for the Bay Point Resident Deputy program with a focus on crime prevention enforcement, participation in the National Crime Free Housing Program, acts as a liaison to local businesses and works with the school resource officer to implement and participate in youth crime prevention programs.

*$276,217 to fund the Bay Point School Resource Officer Program and to assist resident deputies in organizing and planning the yearly Christmas and Holiday Heroes programs and annual Bike Rodeo and bicycle giveaway.

*$9,000 to host a free community Christmas party and toy giveaway for the residents of Bay Point.

*$8,000 for a gang intervention program involving movie nights at the local schools, an after-school sports program, fishing trips in the Delta and trips to Oakland A’s baseball games and other activities during the year.

*$5,000 for the removal of litter dumps and removal of graffiti in the Bay Point area.

*$4,500 for the Bay Points Bicycle Safety Rodeo in partnership with the Street Smarts Program to provide bicycle helmets, bicycle repairs, an instructional class on safety and bicycle raffles.

Contra Costa County is one of 30 California counties that have filed litigation against opioid manufacturers and distributors for creating an opioid epidemic in this state. These 30 counties represent approximately 10.5 million residents. All 30 counties are filing suit in federal court and expect their cases to be transferred to the Multi-District Litigation in Ohio, where more than 500 public entities have filed similar suits.

The lawsuit seeks reimbursement of taxpayer funds that already have been spent responding to the opioid epidemic in Contra Costa County; for ongoing costs of continuing the fight, including emergency response, prevention, monitoring and treatment; and for prospective relief to help the County undo some of the widespread damage that these drug manufacturers and distributors have caused.

“This litigation is an important tool to help us recover the taxpayer funds currently being used and desperately needed to intervene and try to counteract the opioid epidemic,” noted Chair of the Board of Supervisors, Karen Mitchoff.

According to the County’s complaint on file with the U.S. District Court, Northern District of California, Case No. 3:18-cv-02705, many of the nation’s largest drug manufacturers misinformed doctors about the addictiveness and efficacy of opioids. The manufacturer defendants include Purdue Pharma; Teva Ltd.; Janssen Pharmaceuticals, Inc. (a wholly-owned subsidiary of Johnson & Johnson); Endo Health Solutions, Inc.; Allergan PLC; and Mallinckrodt. Drugs manufactured by these companies include, but are not limited to: OxyContin, Actiq, Fentora, Duragesic, Nucynta, Nucynta ER, Opana/Opana ER, Percodan, Percocet, Zydone, Kadian and Norco. In addition to the wrongdoing by drug manufacturers, the lawsuit asserts that the nation’s largest drug distributors – including Cardinal Health, AmerisourceBergen, and McKesson Corp. – failed to monitor, identify and report “suspicious” opioid shipments to pharmacies, in violation of the federal Controlled Substances Act.

$400 million increase over current year’s budget

By Dan Borsuk

Contra Costa voters could see a cannabis industry tax measure on the November 6 ballot after supervisors on Tuesday thrashed through statistics and ideas on what route to take in complying with the 2016 passage of state Proposition 64.

Determined to assemble a cannabis tax ordinance by an August 10 deadline in order to file a tax measure ballot for the November election, supervisors, under the guidance of Julie Enea of the County Administrator’s Office, presented a cannabis business tax levy proposal assembled by HdL, the Crescent City-based consulting firm hired by the county to assist the county in developing an ordinance in the aftermath of the passage of Proposition 64, the 2016 state initiative that legalized the sale of recreational marijuana.

The supervisors’ cannabis tax ordinance proposal still requires a public hearing slated for July 10 when supervisors are expected to take official action on the tax ordinance proposal as well as the cannabis health ordinance. The cannabis health ordinance will not appear on the November ballot.

During the supervisor’s proceedings on Tuesday, citizens and supervisors alike were concerned the amount of money the county would raise from a cannabis tax might fall short of the mark in adequately enforcing the law, especially the health ordinance.

Since enactment of Proposition 64 beginning this year, the state has collected only $34 million in tax revenue of the anticipated $175 million. The state is considering shelving a plan to cut the excise tax from 15 percent to 11 percent even though cannabis sales are not as brisk as anticipated.

Board chair Karen Mitchoff of Pleasant Hill said the board should model the tax ordinance measure so that it requires a two-thirds majority voter approval, have an oversight committee and be reviewed yearly for adjustments based on the consumer price index.

“We’re going to impose this tax to cover our costs,” said District 2 Supervisor Candace Andersen of Danville, who represents a district where a number of citizens have aired widespread opposition to Proposition 64’s implementation.

Shawn Casey of First 5, a pro children’s organization, proposed that the county create with cannabis revenues a fund to aid children harmed by the effects of cannabis.

“I’m in favor of reasonable regulation,” said Vickie Norris of Friends of Proposition 64. “I’m in favor of a tax.” Norris noted Contra Costa’s tax proposal that HdL prepared won’t price out businesses like what occurred in Berkeley which had to scale back its retail sales tax which was 35%.

“The legal market is taking a piece out of the black market,” said HdL’s Mark Lovelace. “Thirty percent of the marijuana remains in the black market.”

Supervisors OK 2018-2019 Budget Proposal

In speedy action, supervisors voted 5-0 in approving a $3.5 billion 2018-2019 recommended budget without public fanfare. Supervisors will officially adopt the budget in September. The spending plan is an increase from $3.1 billion for the current 2017-2018 fiscal year.

482,055 Square Foot North Richmond Warehouse Approved

Without hearing any opposition, supervisors unanimously approved a 482,055 square foot warehouse-distribution project that could create up to 800 jobs in the North Richmond. Construction of the proposed Panattoni Warehouse project at 500 Pittsburg Ave. could get underway in the first quarter of 2019.

District 1 Supervisor John Gioia, who represents the North Richmond development site owned by Redus EL LLC, said the Panattoni Warehouse project is the first of at least two other similar warehouse distribution projects that are in the pipeline that will come before the supervisors in the near future.

Gioia refused to provide details about the other two warehouse-distribution projects.

“This is just not a warehouse,” the supervisor said. Upon commenting how the North Richmond area is in a stage of transition from residential to warehouse, the supervisor said, “North Richmond has become ground zero for the fulltime warehouse area that is patterned after AMAZON, the type of company the gets products out sooner.”

In approving the project at Pittsburg Avenue and Richmond Parkway, supervisors approved a number of “traffic calming measures” in order to minimize the environmental impacts from more than 100 truck trips during peak period AM and PM periods. Those traffic calming measures include “chokers and bulbouts.”

The developer will install solar power and plant 200 trees to replace 21 old trees that need to removed from the project site. A 1.3-acre area site has been designated for a gas station with a mini-mart that will be constructed sometime after the warehouse-distribution building is constructed.

Contra Costa County Supervisors unanimously launched on Tuesday a full-scale probe into whether radioactive tainted soil was illegally dumped at the Keller Canyon Landfill near Pittsburg.

At the request of District 5 Supervisor Federal Glover of Pittsburg, who had initially learned about the allegations after reading a San Francisco Chronicle newspaper article about how Hunters Point Naval Shipyard contractor, Tetra Tech’s radioactive debris removal practices dating back to 2011 may have wound up at the Contra Costa County landfill and other state landfills not designated for nuclear waste. Supervisors requested that the Navy investigate the allegations and report back to the supervisors in 30 days.

Having the Navy come back in and investigate the Tetra Tech contract is the priority item supervisors have in mind, but board chair Karen Mitchoff of Pleasant Hill said in order to quickly get the attention of the Navy to act on this issue the county also needs the political clout of state and federal legislators. She also requested that Tetra Tech pick up any costs associated with soil testing at Keller Canyon Landfill.

In the meantime, supervisors requested the county hire a soils specialist to detect if the landfill contains radioactive materials that could have been illegally deposited by Tetra Tech. The soils consultant contract does not require supervisors’ approval if it is less than $50,000.

District 3 Supervisor Diane Burgis of Brentwood wanted to hear from Tetra Tech, which did not send a representative to the supervisors’ meeting, over a number of incidents when radiation monitors at the entrance of the Pittsburg landfill have reportedly been triggered.

“I want to put a hold on Tetra Tech and Hunters Point deliveries to Keller Canyon,” Burgis demanded.

Keller Canyon Landfill General Manager Rick King informed supervisors Republic has stopped accepting truck loads from Tetra Tec since the news coverage broke on April 22.

“We’re doing everything we can,” said King in preventing nuclear tainted material from winding up at the landfill. He explained how the radiation monitors work, the 24-hour security, and other security procedures Republic Services uses to block truckloads of illegal material from entering and unloading debris at the landfill.

With the Hunters Point project, Keller Canyon Landfill has 13 different profiles, King said. “Every truck load needs a manifest or it won’t be allowed to enter the landfill. Then it has to pass our radiation monitors,” he said.

From 2011 to 2017, Keller Canyon received 223,000 tons of waste from Hunters Points Shipyard, according to county Health Department records. On two occasions, June 2014 and February 2015 soil and material had to be returned to Hunters Point, according to Marilyn Underwood, Director of Environmental Health for the Contra Costa County Department of Health Services. The details on the contents of those two loads were not released.

“You should have appointed the city of Pittsburg as the lead enforcement agency,” warned former Pittsburg City Councilmember Nancy Parent. Parent said the county has not been able to properly monitor the landfill, especially now that it is a Grade 2 landfill capable of accepting dirt from Hunters Point. “It’s all about money” Parent said.

At one point, Board Chair Mitchoff entertained the idea of whether the county should cease being the lead enforcement agency of Keller Canyon, but none of her board colleagues supported that idea.

“This is a complicated issue. We need to get the right people at the table. We don’t have the expertise. We need to have a report back in 30 days,” Mitchoff ordered.

“I really do appreciate my colleagues for the enthusiastic support in involving the Navy, getting our state and federal legislators involved and making sure that our constituents know that the county serves as the lead enforcement agency on this matter,” said Glover.

Pasadena-based company Tetra Tech Chief Executive Office Dan Barach said in a statement:

“In light of the barrage of recent and misleading media reports, Tetra Tech is compelled to defend itself and its work at Hunters Point.

“Our company has sought to follow all the required standards and protections and to operate in a thorough, honest and professional manner to provide testing and clean-up services as required by our contract. We are proud of our high standards and professionalism on this contact, and all the work we perform for clients. Equally important, we have worked to make this site, and all sites where Tetra Tech works, safe for community members and residents.

$454,772 Sheriff-Coroner Livescan Contract OK’d

Supervisors voted 5-0 in approving a five-year $454,772 contract with Gemalto Cogent to maintain the Sheriff-Coroner Office’s Livescan fingerprint system. The contract is in effect from Jan. 1, 2018 through Dec. 3, 2022. The Sheriff-Coroner Office Livescan is used identify persons involved in motor vehicle crimes. Supervisors approved the contract as a consent agenda item.

Supervisor Federal Glover has directed Contra Costa County Staff at next Tuesday’s Board of Supervisors meeting to provide the Board with an update concerning the allegations of malfeasance by Tetra Tech EC Inc. at the Hunters Point Naval Shipyard. The allegations concern possible radioactive materials being deposited at landfills across the state including possible contaminated material that might have been sent to the Keller Canyon Landfill.
“I am very concerned about these allegations and want a full report from staff on this issue,” Glover stated. Healso said that he expects County staff to follow up with further review of the issue after the Board meeting next Tuesday.

“I want staff to thoroughly investigate these allegations and determine whether or not the Keller Landfill was sent contaminated material,” Glover continued. “I want to make sure the residents of Contra Costa County are protected and that this matter is fully addressed.”

He said that the matter will be heard in front of the Board of Supervisors during its regularly scheduled session starting at 9:30 AM on May 1, 2018 in the Board Chambers at 651 Pine St., Martinez.

Extend moving contract by $3.5 million without any questions

Contra Costa County supervisors moved closer to adopting in June a commercial marijuana ordinance on Tuesday, and unanimously increased a three-year moving contract without raising a single question.

The officials approved a $3.5 million contract extension for Metropolitan Van and Storage to provide moving services countywide through the end of its three-year contract that expires on May 31, 2019. The supervisors’ approval boosts the overall payment limit to Metropolitan from $4 million to $7.5 million.

Placed on the agenda as a consent item, none of the five supervisors had asked to have Item No. 31 pulled from the agenda for discussion and action at a meeting where the elected officials were clearly more focused on a progress report from the county Conservation and Development Department on a draft cannabis ordinance, an agenda item that drew 53 speakers.

When asked about the moving contract agenda item, board chairperson Karen Mitchoff said she was unaware of the Metropolitan contract item being on the consent agenda.

“I am informed about what consent items are to be pulled for discussion by my staff,” Mitchoff said. “This item was not brought to my attention by staff.”

County Administrator David Twa said he had reviewed the Metropolitan contract increase and found no irregularities.

The county needs to add $3.5 million to the Metropolitan Van and Storage contract in order to complete the three-year contract that expires in May 2019, newly appointed Public Works Directors Brian Balbas said.

While admitting the spending of the initial $4 million “came as a bit of a surprise” to him, Balbas said about 50 percent of the 2,266 invoices Metropolitan Moving submitted for 1,429 jobs came from, three major county departments – Assessors Department, Employment and Human Services Department and Health Department.

In addition to moving furniture and other material, Balbas said Metropolitan Moving also takes down and erects cubicles in county department offices.

When asked if the extra $3.5 million will cover the next 12 months of the contract, Balbas responded, “I sure hope so.”

Supervisors Aim for June 26 Marijuana Ordinance Adoption

Supervisors set the stage to adopt a cannabis zoning ordinance on June 26 after listening to long list of speakers, mostly opponents to the legalization of recreational marijuana. On July 10, supervisors are scheduled to consider adopting health and tax measure ordinances that will go before the voters, perhaps in November.

After nearly two hours of public testimony coming mostly from residents in Supervisor Candace Andersen’s District 2, a district widely opposed to the sale and cultivation of recreational marijuana, the supervisor commented, “In a perfect world, I’m for a moratorium.” The supervisor hinted she might vote against the county ordinance because of the overwhelming opposition from her constituency, even though the county Department of Conservation and Development has spent hundreds of manhours and attended 27 community meetings around the county to inform the public about the county’s proposed marijuana ordinance.

District 5 Supervisor Federal Glover of Pittsburg, who had earlier observed most of the proposed cannabis zoning is located in his district along Highway 4, remarked, “We need to make sure the safety measures are put in place and that won’t occur unless a tax is passed by the voters. Until that happens this ordinance will not be enforced.”

When Dr. Phillip Drum, a marijuana legalization opponent, listed butane explosions and a number of other reasons why supervisors should stop developing a marijuana ordinance even though 61% of Contra Costans approved Proposition 64 in 2016, Board Chair Mitchoff pointed out the Contra Costa ordinance will prohibit the use of butane to extract oil from marijuana plants.

On Tuesday, April 17 the Contra Costa County Board of Supervisors heard budget proposals from the County Administrator and a number of County Departments on the proposed budget.

Contra Costa County Administrator, David Twa, has proposed a $3.5 Billion ($1.6 Billion General Fund) Budget for FY 2018-19 that is balanced and will provide critical services to the residents of Contra Costa County. Twa said that “the proposed spending plan includes funding increases to community service providers, allows the County to continue building its financial reserves, provides funding for new capital projects including a new Emergency Operations Center, and supports the county workforce of over 9,500 Employees.”

Chair of the County Board, Karen Mitchoff, said that “while the County is well positioned going into the next fiscal year, there continues to be storm clouds on the horizon.” She pointed out that “State and Federal funding combined with the County’s limited discretionary revenues will continue to fall short of the rising costs necessary to provide critical services to County residents.”

While the Budget includes $13 million in additional funding for Public Works projects as a result of the Gas Tax passed last year by the Legislature, (SB 1) there is a proposed repeal effort that may be on the November election ballot. Chair Mitchoff said that “If repealed, this would substantially reduce the ability of the County to meet necessary road and bridge repair projects.”

The Board of Supervisors is scheduled to adopt the Budget for 2018-19 during its regularly scheduled session on May 8, 2018 in the Board Chambers at 651 Pine St., Martinez.

In era of federal funding uncertainty

By Daniel Borsuk

Contra Costa County Supervisors are poised to approve on May 8 a $3.5 billion 2018-19 budget realizing that during the upcoming budget year there is the likelihood significant funding cuts out of Washington might especially hit human services programs.

“The current administration in Washington is likely to reduce funding to states and counties,” county administrator David Twa warned supervisors at Tuesday’s board budget hearing.

Even with that caution, supervisors did not blink an eye and proceeded to listen to six budget presentations from department chiefs about what is in store for the upcoming 2018-2019 fiscal year. Supervisors did not comment about the prospects of federal or state cuts next fiscal year at the hearing, but neither did any of the meager number of persons who showed up to speak about the proposed 2018-19 spending plan.

The Employment & Human Services Department is subject to perhaps the most significant funding cuts from Washington, EHSD Director Kathy Gallagher told supervisors. Since 2017, funding for the department’s CalFresh and CalWorks programs that deliver food and job training for 65,000 residents has had federal funding trimmed from $101.5 million in 2016 to $90.4 million to 2018. More cuts are expected for the two programs in the upcoming 2018-19 fiscal year, she said.

Gallagher painted a bleak federal funding fiscal picture showing a watch list of human service programs that could potentially be hit with steep federal funding cuts. Some of those programs include Medicaid, Community Service Block Grants, Child Welfare Services, and the Older American Act, which includes Meals on Wheels.

Federal funding uncertainty also hovers over County Health Services, but not as severely as what EHSD faces, Contra Costa County Health Director Anna M. Roth told supervisors, in presenting her department’s proposed $1.8 billion budget for 2018-19. Next year’s budget includes $100 million in general funds.

Roth noted that expansion of the Contra Costa Health Plan with more than 200,000 members provides the county financial support, especially when there is financial uncertainty coming out of Washington.

Addressing only the $241,271,160 in general funds proposed for 2018-19, Contra Costa Undersheriff Michael Casten, who filled in for Sheriff David O. Livingston who was out of town, said a $5.6 million vacancy factor makes it “a very difficult for the Office of the Sheriff-Coroner to operate”.

Casten said the funding deficit means for 2018019 the Sheriff-Coroner will not fill 10 deputy sheriff slots worth $2.6 million, three mental health evaluation team deputies openings worth a combined $781,000, 7 patrol deputies worth $1.82 million and six sergeants worth $1.77 million. The Sheriff-Coroner’s request for 15 recruit positions valued at $1.21 million was approved for the upcoming fiscal year.

For Diana Becton, the Interim Contra Costa County District Attorney appointed by the board of supervisors last year who is up for election June 5, budget priorities for 2018-19 include enforcement of Proposition 64 (2016 voter approval for the legalization of the sale of marijuana in California), hiring of additional clerical staff, the implementation of a case management system and pay parity.

For 2018-19, Becton wants to add 14 full-time staff worth $1 million. Those positions include five mainline prosecution assistant district attorneys, five mainline prosecution clerks, two senior inspectors and one forensic accountant.

District attorney Becton wants to also distribute resources for bail reform, the East County Anti-Violence Coalition, the West County Anti-Violence Coalition, the Safe Streets Task Force and anti-truancy initiatives.

Public Defender Robin Lipetzky plans to hire 8 staff members to her department next fiscal year. She plans to hire two attorneys, one investigator, pretrial attorneys, and clerical staff. A new juvenile office in Walnut Creek will open in the next month, she informed supervisors. Last year the public defender handled 501 juvenile cases. Her department last year also handled 3,545 felony cases.

For 2018-19, Contra Costa Public Works will be busy filling 15 positions, Brian Balbas, Public Works Director said. The department will need the additional staff as Balbas needs more staff to oversee a big increase in capital improvement projects, including the construction of a new $110 million county administration building and emergency communication center.

New West County Health Center Expansion Project Approved

On a consent item, supervisors awarded a $12.45 million design-build contract to C. Overaa & Co. for the design and construction of the West County Health Center Expansion Project at 13585 San Pablo Ave., in San Pablo.

When the project is completed, the new two-story, 20,000 square foot building will house the Behavioral Health Department, which will be relocated from a leased building. The new building will qualify for a LEED Silver rating from the Green Building Council.

Other construction firms competing for the design-build contract were Vila Construction and Boldt Co.

College District – Sheriff-Coroner Contract OK’d

Supervisors also approved the $497,250 contract between the Sheriff-Coroner and Contra Costa Community College District to provide educational course construction at the Law Enforcement Training Center at Los Medanos College for the period July 1, 2018 through June 30, 2019.